Joey Erwin v. Ahlin et al

Filing 26

ORDER Striking Plaintiff's Opposition to Defendants' Answer to Complaint 25 , signed by Magistrate Judge Stanley A. Boone on 9/20/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOEY ERWIN,

ORDER STRIKING PLAINTIFF’S
OPPOSITION TO DEFENDANTS’
ANSWER TO COMPLAINT

Plaintiff,

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v.

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Case No. 1:18-cv-00050-LJO-SAB (PC)

(ECF No. 25)

PAM AHLIN, et al.,
Defendants.

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Plaintiff Joey Erwin, a civil detainee, is appearing pro se and in forma pauperis in this

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13 civil rights action pursuant to 42 U.S.C. § 1983. On August 30, 2018, Defendants Ahlin and
14 Price filed an answer to Plaintiff’s first amended complaint. Plaintiff filed an opposition to the
15 answer on September 19, 2018. (ECF No. 25.)
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Rule 7 of the Federal Rules of Civil Procedure provides as follows:

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There shall be a complaint and an answer; a reply to a counterclaim denominated
as such; an answer to a cross-claim, if the answer contains a cross-claim; a thirdparty complaint, if a person who was not an original party is summoned under the
provisions of Rule 14; and a third-party answer, if a third-party complaint is
served. No other pleading shall be allowed, except that the court may order a
reply to an answer or a third-party answer.

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21 Fed. R. Civ. P. 7(a). Because the Court did not order Plaintiff to reply to Defendant’s answer,
22 Plaintiff’s reply is HEREBY STRICKEN from the record.
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IT IS SO ORDERED.

25 Dated:

September 20, 2018
UNITED STATES MAGISTRATE JUDGE

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